H1B cap exempt denied. Can I re-apply for the same?


I had an approved H1B petition and also Visa stamped which was expired on 30 Sep 2017 but unfortunately I couldn’t travel. Later I applied for cap exempt petition which went for RFE. But it is now denied for the reason “Employer employee relationship” and “Speciality occupation” which are the new rules set by USCIS. May I know if I can apply for cap exempt again? If yes, can I do it immediately or I have to wait for sometime? Also can I apply the same from a different employer?

Yes you can reapply as cap exempt. You can do it anytime and it can be done through different employer.

To add more info, the rules of employer-employee relationship and speciality occupation was always there for H1B. These are some basic points which needs to be covered while applying for H1B. In recent days the scrutiny has been tightened but the points which they look for remain to be the same. So next time when you apply make sure you submit all required documents. All the best!

Thank you for the information. May I know if I can apply cap exempt from the same employer? If yes, is there any cooling period?

If you qualified as cap-exempt last year, you ought to qualify this year too.

You may apply under the same, or a new, or both employers.